Immigration Site

Hi,

My sister had filed I-130 in 2002, and with it approved last year, the visa number is nearing. The I-797 recieved uppon approval of I-130 was that I must return to home country to apply for LPR once the visa number is available.

At the time of I-130 filing , I was not married, but is married now with a US Citizen child.
My current status is H-1B, my wife is H-4. (We have been in good status in US through out.- From F-1 to H-1.)

Here are my questions:

1. Can my wife be included/added in the visa process?
2. Is it possble to do I-485 adjustment in the US rather than traveling back to home country?

Thanks

1. Can my wife be included/added in the visa process? Yes.

2. Is it possble to do I-485 adjustment in the US rather than traveling back to home country? Yes. If you are in valid non-immigrant status when the PD becomes current, then you and your spouse file an I-485.

The I-797 recieved uppon approval of I-130 was that I must return to home country to apply for LPR once the visa number is available. That is what they almost always will say if a visa number is not available to you at the time of I-130 approval. But if the visa number becomes available later on when you are in the US in valid nonimmigrant status, you can stay in the US and file for adjustment of status.